Thank you for your letter requesting authorization to import and temporarily
house an adult male killer whale (Orcinus orca) presently being held at
Sealand of the Pacific Ltd. in Victoria, British Columbia, Canada. We are also
in receipt of a supporting statement from the Government of Canada and a copy
of the supporting request from Sealand of the Pacific Ltd. for placement of the
animal at your facility since it cannot be adequately cared for in Canada.

It is our understanding that , based on medical tests of the killer whales held
at Sealand of the Pacific Ltd. in anticipation of Sea World's permit
application, both Sea Land and and [sic] Sea World had at least two months
advance knowledge of the imminent birth of at least one, and possibly two,
killer whale calves. Sealand is responsible for these animals and should have
taken steps to ensure that arrangements were made to hold the adult male killer
whale, "Tillikum," at or nearby the Sealand facility or at another facility in
Canada following such births. Sea World presumably has a significant interest
in the well-being of these animals as well, and in the capacity of advising
Sealand on their care, should have taken such steps even if Sealand had elected
not to do so. Such temporary holding arrangements,
whether they involved construction of temporary pens or other enclosures,
should have been possible, at least for the few months necessary to consider
and decide upon the permit application pending from Sea World for the import of
these killer whales for public display. In this manner, the present need for an
emergency permit authorization could have been prevented. However, such
reasonable and prudent precautionary steps necessary for the health and welfare
of Tillikum were not taken by Sealand or Sea World.

Under these circumstances, NMFS arranged independent verification of the facts
and circumstances outlined in your request. We appreciate your and Sealand's
cooperation in this regard. As a result of this verification, NMFS has
concluded that the best interests of all the killer whales concerned,
particularly that of Tillikum, the newborn calf, and the calf expected to be
born in the next few months, including present and anticipated future medical
treatment otherwise unavailable in Canada, would be best served if an emergency
authorization is granted for Tillikum's importation.

Enclosed are two signed originals of the Cooperative Agreement No. 1Q issued
pursuant to 16 U.S.C. 1379(h) and 16 U.S.C. 1382(c) between the National Marine
Fisheries Service and Sea World, Inc. Please sign both originals of the
agreement and return one to the Assistant Administrator for Fisheries, National
Marine Fisheries Service, U.S. Department of Commerce., 1335 East-West Highway,
SSMC1, Room 7324, Silver Spring, Maryland, 20910. The U.S Department of
Agriculture's regulations and standards, "Specifications for the Humane
Handling, Care, Treatment, and Transportation of Marine Mammals," have been
incorporated as conditions of this agreement. When Tillikum is received at your
Sea World of Florida facility, please update your inventory by completing and
returning the enclosed inventory form.

This agreement authorizes Sea World, Inc. to import one male killer whale,
"Tillikum," for the purpose of providing medical treatment and care that is
otherwise unavailable in Canada at this time. This authorization is effective
until such time as a permit is issued in response to the application by Sea
World, Inc. for the import of Tillikum for public display. Please note special
condition 2 of the agreement. If a public display permit involving this animal
is denied, under the terms of this agreement Sea World, Inc., is assuming the
responsibility, including any associated costs, for the return of Tillikum to
Canada and placement at a suitable facility to be identified by NMFS and the
Canadian government, or, if no Canadian facility is available, for the return
and release of Tillikum at the original location of capture. Additionally,
special condition 3 of the agreement requires that, until a public display
permit is issued, Tillikum may not be placed on public display. Special
condition 4 makes clear that this agreement may be revoked at any time at the
discretion of NMFS.

If similar circumstances should arise in the future, while the health and
welfare of marine mammals will continue to be of paramount concern to NMFS ,
lack of action necessary to ensure marine mammal health and welfare in the face
of available information will not constitute sufficient grounds for issuance of
an emergency import authorization. If you have any questions concerning the
enclosed Agreement or its reporting requirement, please contact the Permits
Division, Office of Protected Resources (301/713-2289).